Rental Contract Terms and Conditions
DEPOSIT
A minimum 25% NON-REFUNDABLE down payment must be paid to secure the reservation.
The 25% down payment is non-refundable under any circumstance, however dates can be rescheduled subject to the new date being available.
* (Initials Here) ________ BY PAYING the 25% NON-REFUNDABLE DOWN PAYMENT, YOU ARE AGREEING TO OUR RENTAL CONTRACT, POLICIES, TERMS & CONDITIONS
DELIVERY
We will call, text or email you to arrange the delivery times. Feel free to contact us at any time for delivery questions, but please understand that if the date is still some time away, we will only be able to give you an estimated delivery day. Delivery can be anywhere from 1-3 days before the event depending on the size and type of event. Delivery day is at our discretion. You can request a specific day/time - additional charges may apply. If the delivery location has certain time constraints, then we are more than willing to work within them for most instances, or you want to request a specific delivery day or time let us know and we will do our best to try to accommodate. Extra charges may be applied for special requests of delivery days or times.
If your venue requires pick up the same night as your event - please let us know. There is an additional charge for any late-night pickups. The charge will vary on the size of the rental order and the time of the required pick up.
We occasionally deliver with 13'6" Box trucks that are 26ft long. If you have any obstacles over your driveway like an arch, wires, or anything else, please let us know. We are not liable for any damages caused to obstructions over your driveway that are not PennDOT compliant. In such a situation, we can unload at the end of your driveway and charge a distance fee. The distance fee is $50.00/100ft with the minimum being $50.00.
CANCELLATIONS
- 25 % down payment is nonrefundable after it is made. (If your event is postponed or changed, we will honor your 25% down payment for the new date. Please be aware that your previously selected items may not be available on your new date, and you may need to select alternate options based on availability).
- if cancelled within 14 days of the event 50% of all items will be charged. Orders will be updated to .5 billable days.
- if cancelled with 7 days of the event 75% of all items will be charged. Orders will be updated to .75 billable days
- if truck is already loaded (trucks get loaded the one to three nights before delivery) and any item, or whole order is cancelled – there is still a 100% charge.
Heaters are the only items that there is no refund or partial refund if cancelled at any time.
We are promising these items to you and missing out on the opportunity to rent them to someone else. Our charges are non-negotiable.
INVENTORY CARE/FEES
We expect that all rental items will be well cared for during your rental period. Items must be returned in the same condition as when you picked them up or had them delivered to you. No items should be left outdoors overnight, due to theft and weather damage.
Any rental items that get damaged beyond repair while in your care, will be charged a replacement fee.
Items that can be repaired, will be charged a repair fee.
Items that are excessively dirty, will be charged a cleaning fee.
Items that are not returned will be charged a replacement fee.
After we have inspected your returned items, you will be notified if you have incurred any fees.
If an item gets broken/damaged, please make sure you return it. We understand that accidents happen, but we need to be made aware of it. For any items that are missing, a replacement fee will be charged.
* (Initials Here) _______ ALL linens MUST be returned dry, shook free of food and debris, and placed in the mesh laundry bags provided.
* (Initials Here) ________ ALL inventory must be returned free of burns and any wax residue.
* (Initials Here) ________ Chairs need to be stacked neatly back on dollies before pick up. There is a sticker on the back of most chairs designating which way is up - Please stack them neatly and correctly. If chairs are not stacked or stacked in a sloppy manner, there will be a charge of $0.25/chair. This method greatly helps us with efficiency and keeping labor costs down, which in turn allows us to provide the best price we can to each customer. Non padded chairs stack 50 high and padded chairs stack 25 high.
* (Initials Here) _______ If delivery and set-up is up more than a few stairs or if we cannot move our dollies through to the designated delivery location, please let us know in advance. If we show up and there are obstacles such as a large number of stairs or narrow passageways, we will amend the bill and charge for the extra time. If we are told beforehand, we can inform you what the price for the extra time involved will be.
* (Initials Here) ______ If delivery location is not easily accessible, is on a hazardous road, or in a location where large trucks do not usually go, there may be an additional fee applied.
* (Initials Here) _______ Unless previously arranged, the tables and chairs are not set up by us. We will place them in a designated location, and when we come to pick them up, they must be returned to the place we had them on delivery.
* (Initials Here) _______ All obstacles in the way of setting up the rented equipment need to be removed from the area. We are not authorized to touch or move anything that could be in the way. If the clearing of the area takes more than 10 minutes, there will be a $10.00 charge for every 10 minutes after the first 10 minutes.
* (Initials Here) ________ No staples, tacks or pins can be used to attach your own things to any equipment. Any damage will result in a charge to fix or replace equipment.
COSTUME RENTAL
* (Initials Here) ________ All costumes and costume accessories MUST be returned free of stains and odor. Once returned, the costume and accessories will be assessed, and an additional cleaning fee will be charged if required.
* (Initials Here) ________ Costumes may NOT be cut, dyed, painted, or altered in any way to fit and must be returned in their original condition. Tape, iron-on bonding-web, glue or any other type of adhesive may NOT be used on costumes. If a costume is returned altered or damaged, fees will be charged to repair or replace the costume.
* (Initials Here) _______ Damage beyond normal wear and tear will incur damage charges. Damage charges will be assessed for broken zippers, detached garment pieces, makeup or other permanent stains, or any other damage that renders the costume not rentable. The charges will include the cost of the supplies necessary to restore the costume to its original state as well as labor costs.
* (Initials Here) ________ Major damage to costumes, including irreparable tears, or irreversible marks will be assessed at the replacement value of the costume. Lost costumes will be assessed with a lost costume fee of the replacement value of the costume.
DISCLAIMER
* (Initials Here) ________ Making Memories Event Rentals LLC will not be held responsible for accidents or injuries related directly or indirectly from the use of the rented item(s).
I have read and understand the Costume Rental Policies above and agree to abide by them. I will pay damage/replacement charges to Making Memories Event Rentals LLC via the credit card on file if deemed necessary.
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Signature Date
Lessor (Making Memories Event Rentals LLC) hereby agrees to lease to Lessee the equipment described on the face of this agreement or in attached schedules in accordance with the following agreement:
1. Delivery is made to a convenient point for delivery vehicle to park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is involved. Lessor’s service does not include set up and take down of tables and chairs. If this service is required, arrangements must be made several days prior to delivery with a special charge quoted. If no arrangements are made and this service is desired on delivery, our driver must call for authorization. If time permits, we will try to accommodate you after quoting the price. On pick up where no prior arrangements have been made and equipment is not taken down and assembled in the same location as delivery, if time permits, the pickup crew will take down and load all equipment at the expense of the Lessee. An additional fee will result if equipment is still up and not placed at the location where it was delivered.
2. The leased equipment shall at all times be and remain the sole and exclusive property of Lessor. Lessee shall have only the rights to use the equipment in a careful and proper manner, complying with all applicable laws and regulations, and in accordance with the terms of this agreement. Lessor shall have the right to display notice of its ownership of the equipment by display of an identifying stencil, magnet, plate, sticker or other marking, and Lessee agrees that it will not remove or cover such markings without the written permission of Lessor. It is expressly intended and agreed that the equipment shall be personal property even though it may be affixed or attached to real estate. The equipment shall not be removed from the place of delivery or installation without the express written permission of Lessor.
3. The Lessee acknowledges Lessee responsibility to inspect the equipment prior to its use and to immediately notify Lessor of any defects. Lessee is not to operate equipment if lessee does not completely understand proper use of equipment. Lessee hereby assumes all risk of loss and damage to the property from any cause whatsoever, and is responsible for any fees related to lost or damaged items. Any destroyed property shall be billed to lessee at an amount sufficient to purchase a new item of similar quality, model and function, and which amount will be solely determined by Lessor.
3. If the equipment becomes unsafe or in disrepair for any reason, Lessee agrees to discontinue its use and to notify Lessor. If the defect is the result of normal use, Lessor will repair or replace the equipment with similar equipment in good working order if available. Lessor is not responsible for any incidental or consequential damages caused by delays or otherwise, and Lessee hereby waives any right or entitlement thereto.
4. Lessor is neither the manufacturer of the rented property nor the agent of the manufacturer, and no warranty against patent or latent defects in material workmanship or capacity is given, and Lessee expressly waives all such warranties of fitness which may be accorded by law or otherwise. There are no warranties of merchantability or fitness, either express or implied. There is no warranty that the equipment is suited for customers intended use, or that it is free from defects, and any and all such warranties of fitness, or otherwise, are expressly and specifically waived by customer.
5. Lessee shall defend, indemnify and hold harmless Lessor, its employees, agents and subsidiaries, from and against all claims, liabilities, losses, claims of personal injury, damages to property or otherwise, and expenses, of every character whatsoever, resulting from the actions, negligent or otherwise, of Lessee or its agents, employees or subcontractors or anyone acting on Lessee’s behalf. The indemnities included in this exhibit shall include reasonable attorney's fee paid by Lessor in defending suits and actions involving liability covered by the indemnification provision in this paragraph.
6. Lessee’s right of possession terminates on the expiration of the rental period and retention of possession after this time constitutes a material breach of Lessee's obligations under this contract. Time is the essence in this agreement. Any extension must, at Lessor's election, be mutually agreed upon in writing.
7. The Lessor may assign its right under this contract without the Lessee's consent but will remain bound by all obligations herein. The Lessee may not sublease or loan the equipment without the Lessor's written permission. Any purported assignment by the Lessee is void.
8. At the expiration of this contract, or sooner upon Lessor's demand, Lessee promises to make available for pickup by Lessor at the time specified in the contract, in the condition and repair as when delivered to Lessee, subject only to reasonable wear and tear. Lessee shall be liable for all damages to or loss of the equipment occurring because it was not available for pickup when specified. If the Lessee has agreed to return equipment to Lessor, Lessee shall be responsible for all loss or damage to the equipment from the time of delivery to Lessee until returned to Lessor. If the equipment is returned in a damaged or excessively worn condition, Lessee shall pay Lessor the reasonable costs of repair and pay rental on the equipment of one-half the regular rental rate until repairs have been completed. Lessor shall be under no obligation to commence repair work until Lessee has paid, therefore. In the event the Lessor must resort to litigation to be reimbursed for damage caused to equipment, Lessee agrees to pay all attorney's fee, court costs, or other expense which become reasonable or necessary to compensate Lessor for his repairing or having the equipment repaired or replaced.
9. The Lessee hereby expressly waives all rights in and to any and all exemption laws set forth in the State of Pennsylvania, which are within the power of the Lessee to waive.
10. Lessor shall at all times have the right to enter any premises where the Equipment may be located for purposes of inspecting it, observing its use, or removing it from Lessee's premise.
11. Lessee shall at its own expense and prior to the installation of the equipment provide all necessary permits, licenses, and other consents.
12. Table linens are inspected by Lessor prior to delivery to Lessee and upon return. If there is obvious damage such as mildew, excessive stains, burns or tears to linen, Lessee will be charged the cost of the linen. All linens MUST be returned dry and free of food and/or waste.
13. Lessee agrees to pay for any damage to rented equipment regardless of cause, except reasonable wear and tear, while equipment is out of possession of Lessor. Lessee also agrees to pay a reasonable cleaning charge for all equipment returned dirty, in Lessor’s sole, reasonable judgment. Accrued rental charges cannot be applied against the purchase or cost of repair of damaged goods. Rental Equipment damaged beyond repair will be paid for by Lessee at its Replacement Cost when rented. The cost of repairs will be borne by the Lessee, whether performed by Lessor or at the Lessor's option by others.
14. Equipment left out in rain/weather is excessively worn. This is not normal wear and tear. A prorated rate of 1/8th of the replacement cost will be charged to the Lessee for equipment left out in the weather.
15. The Lessee agrees to pay for equipment (at its replacement cost when rented) for all types of theft or disappearance.
16. a. Lessee agrees to pay Lessor upon demand:
i. All rates, charges taxes, fuel, delivery, pickup and reservation cancellation fees, and all other amounts incurred as a result of this rental transaction.
ii. Replacement costs for any loss or disappearance of equipment. Lessor reserves the right to consider the property lost, stolen, or converted if not returned within TEN DAYS of the date and time printed under the "AGREED RETURN DATE" COLUMN of the contract.
b. Lessee authorizes Lessor to bill Lessee's credit card at time of reservation or upon Lessee's receipt of the rented item(s) or upon return of the item(s).
c. If Lessee has directed that charges are billed to a third party, and Lessor agrees to bill that third party, and the third party fails to make prompt payment to Lessor when due, then Lessee promises to pay Lessor on demand. If the Lessee directs charges to be billed to a third party, Lessee represents that he is authorized to give Lessor such direction. Lessee understands that he remains individually responsible for all charges Lessor is to be paid under this contract.
d. One and one half percent (1 ½%) per month (minimum $5.00) will be charged on any past-due accounts. Lessee shall pay for collection fees, attorneys’ fees, court cost costs or any expense involved in the collection of rental charges or other damages to Lessor under terms of the contract. The Lessor, at its own discretion, may revert all charges to the daily rate if invoice is not paid on the due date.
e. LESSEE UNDERSTANDS THAT ALL CHARGES ARE SUBJECT TO FINAL AUDIT. Lessee authorizes additional charges or credits to be made to his account and payment by the method used at the time of the reservation, rental, or return.
17. Lessee assumes all weather-related risks involved in holding an outdoor event. Lessor may endeavor to minimize said risk, however, if inventory becomes unusable due to high wind, snow, rain, flooding, extreme cold or heat, or any other factor beyond Lessor's control, despite any efforts or lack thereof taken or not taken by Lessor, Lessee shall be liable for payment in full of all charges.
18. Lessee agrees to have the site upon which the equipment is to be erected free and clear of all obstacles, natural and manmade, prior to the arrival of the Lessor's work crew. Lessee further agrees to have all items cleared for removal prior to Lessor’s arrival for pickup. All non-leased equipment and decorations shall be cleared and taken from site prior to pick up. If Lessee fails to do so, then Lessee shall pay all costs involved for any delay, additional rental, and all costs including collection and legal expenses. Lessee shall be fully responsible for any property damage or personal injury related to use of the equipment rented under this agreement and agrees fully to indemnify Lessor with respect to any claims, including without limitation any legal fees Lessor may deem reasonably appropriate in the enforcement of this clause or the defense of any such claim.
19. Lessee agrees to furnish Lessor access to, and the right to use, Lessee's electrical and power lines for installation and operation of the rented equipment.
20. Lessee agrees to notify Lessor in writing prior to Lessor’s delivery schedule and clearly mark any parking limitations or restricted areas during delivery/pickup that must be avoided. Without such notice, Lessee assumes full responsibility for damage to underground Facilities.
21. Down payment REQUIRED IS 25% AND IS NOT REFUNDABLE under any circumstance.
22. Cancellations: (25% down payment is nonrefundable after made)
-If cancelled within 14 days 50% of all items will be charged. Orders will be updated to .5 billable days.
-If cancelled within 7 days of the event 75% of all items will be charged. Orders will be updated to .75 billable days.
-If truck is already loaded (trucks get loaded 1-3 night before delivery) and any item, or whole order is cancelled – there is still a 100% charge.
We are promising this equipment to you and missing out on the opportunity to rent it to someone else. Our charges are non-negotiable.
25. Making Memories Event Rentals LLC will not be held responsible for accidents or injuries related directly or indirectly from the use of the rented item(s).
26. By paying the 25% non-refundable down payment, lessee agrees to Making Memories Event Rental LLC’s rental contract, policies, terms, and conditions which are all available on our website.
NOW THEREFORE, intending to be legally bound, lessee hereby acknowledges that he/she has read, understands, and agrees to the terms of the Agreement and that the details regarding the event as presented on the invoice are true and accurate.
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Signature Date
Credit Card Type: VISA Mastercard Discover
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Adjustments/Additional Charges (if applicable) $________________